Verdicts & victories (III): Nieto Jones has the administration grant a retiree more than 10,000 euros in the claim for their maternity supplement.

Following a claim made by Nieto Jones, the General Directorate of Social Security Management has decided to recognize a maternity supplement for one of the firm’s clients, amounting to 248.03 euros per month, 15% of his pension.

This means that Social Security must pay the client more than 10,000 euros as arrears for the unpaid maternity supplement from the day of his retirement back in June 2019, until today.

It all started as a result of the sentence declared by the Court of Justice of the European Union (First Chamber) on December 12, 2019 (Case C-450-18, ECLI:EU.C2019:1075) that the Spanish regulations that established the right to a supplementary pension for women who have had at least two biological or adopted children and not for men, was a discriminatory regulation.

Article 21.1 of the Charter of Fundamental Rights of the European Union prohibits "all discrimination, and in particular discrimination based on sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or convictions, political opinion or any another type".

After the European ruling, the Spanish courts began to rule in the same direction, as seen in the sentence ruled by the Supreme Court on November 25, 2021 (ROJ: STS 4406/2021), which established that the maternity supplement "cannot be denied solely because it has been requested by a man" (F.D. VII).

For all of these reasons, at Nieto Jones we requested the recognition of our client's right to the pension supplement for being the father of four children (15%), with retroactive effects from the month of June 2019.

Get your maternity supplement

Retired men who are the father of two or more children (regardless of the age of the children) and who have retired on a contributory Social Security pension between January 1, 2016 and February 3, 2021 are entitled to this maternity supplement.

The amount of the supplement is equivalent to adding a percentage to the pension, depending on the number of children.

In the case of 2 children: 5% of their pension.

In the case of 3 children: 10% of their pension.

In the case of 4 or more children: 15% of their pension.

You can check the complete list of requirements to see if you meet the conditions in our article here.

If you would also like to claim the maternity supplement you are entitled to, call us or send a WhatsApp at +34 610632963 or write to us at contact@nietojones.com.